ABSTRACT
The chapter begins by explaining mass surveillance as carried out by the National Security Agency in comparison to the more targeted surveillance undertaken by law enforcement agencies. The heart of the chapter recounts President Bush’s presidential surveillance program during the years 2001 to 2004, and then turns to a number of legal issues regarding the program; for example, the President’s constitutional and statutory authority to launch the program, its permissibility under the Fourth Amendment, and its interrelationship with the Foreign Intelligence Surveillance Act, which imposes restraints on the President and thereby creates a significant separation of powers constitutional issue.
